148. Loss of proceedings. — (1) If, before confirmation, the original proceedings of a court-martial which require confirmation or any part thereof, are lost, a copy thereof, if any, certified by the presiding officer of or the judge-advocate at the court-martial may, be accepted in lieu of the original.
(2) If there is no such copy, and sufficient evidence of the charge, finding, sentence, and transactions of the court can be procured, that evidence may, with the assent of the accused, be accepted in lieu of the original proceedings, or part thereof, which have lost.
(3) In any case above in this rule mentioned, the finding and sentence may be confirmed and shall be as valid as if the original proceedings, or part thereof, had not been lost.
(4) If the accused refuses the assent referred to in sub-rule (2), he may he tried again, and the finding and sentence of the previous court of which the proceedings have been lost shall be void.
(5) If, after confirmation or in any case where confirmation is not required, the original proceedings of a court-martial or any part thereof are lost, and there is sufficient evidence of the charge, findings, sentence, and transactions of the court and of the confirmation (if required) of the finding and sentence, that evidence shall be a valid and sufficient record of the trial for all purposes.
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